Terms & Conditions
The terms and Conditions contained
herein (the “Terms of Use”, “User
Agreement”, “Agreement”) apply to the Website located at www.emptytrading.com (the “Website”, “Site”). BY USING THE SITE, YOU AGREE AND SHALL
BE BOUND TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE
PLEASE DO NOT USE THE SITE.
The Website reserves the right, at its
sole discretion, to change, modify, add or remove portions of these Terms of
Use, at any time. It is your responsibility to check these Terms of Use
periodically for changes. Your continued use of the Website following the
posting of changes will mean that you accept and agree to the changes.
By accessing the Site or registering
for Services, you agree to be bound by these Terms and Conditions, including
any incorporated Privacy Policy or other agreement, and any subsequent versions
as may be updated from time to time as set forth below (the “Terms”). By
continuing to access the Site or by registering with the Site you indicate /
expressly declare your acceptance to following terms of this User Agreement and
agree to be bound thereof. If you do not agree to the terms of this Agreement,
you may not continue to access the Site or receive any Services from the Site.
If you do not accept these Terms you must immediately stop using or accessing
the Site and delete any content or data which you may have acquired while
accessing the Site.
The right to use the Site or Services
provided through the Site is personal to you and is not transferable to any
other person or entity. You are responsible for all use of the account set up
by you and for ensuring that all use of your account complies fully with the
provisions of this Agreement. Certain services available through the Site may
have their own terms and conditions that apply to your use of that particular Service.
1. Definitions
1.1. Agreement: this User
Agreement
1.2. Comtech: is a company
known and registered with the Registrar of Companies of Rajasthan as Comtech
Exports Limited, which is duly registered under the provisions of the
Companies Act, 1956 and is having its registered office at: F-143, RIICO
Industrial Area, Bhiwadi, PIN – 301019, Rajasthan, India
1.3. Registered User: User who registers himself/herself by providing the requisite information
as required by the Website after accepting all the Terms and Conditions
of the Agreement.
1.4. Registration Data: means data as required by the Site from a user desirous of using the
Services of the Website and convert himself/ herself into a Registered User.
It includes without limitation name, address, pin/zip code, phone and
mobile number(s), a valid email id, apart from other information which may be
required at the time of registration of the Registered User.
1.5. Site: means a website located at http://www.emptytrading.com
which inter-alia is a domain owned, controlled and operated by Comtech.
1.6. Services: means the
Services so provided to the User through the Site.
2. Interpretations and language
2.1. Except where the context otherwise
requires, words denoting the singular include the plural and vice versa, words
denoting any one gender include all genders, and words denoting persons
include firms and corporations and vice versa.
2.2. The references to articles, sections
and appendices are, unless otherwise stated, to articles, sections and
appendices to this Agreement.
2.3. Article headings/ Section
numbers/serial numbers in this Agreement are for ease of reference only and do
not affect the construction of any provision of this Agreement.
2.4. The terms "include",
"including" and similar terms shall be construed as if followed by
the phrase "without being limited to".
2.5. The terms "hereof",
"herein", "hereto" and words of similar import refer to
this Agreement as a whole and not to any particular article, section,
subsection or paragraph of this Agreement.
2.6.
Language: If this Agreement is translated into
any language other than English, the English language text shall prevail.
3. General
3.1. The term “Registered User” and wherever
the context so require “You” shall mean any legal or natural person who has
agreed to become a member of the Website by accepting this User Agreement.
3.2. You are entirely responsible for
maintaining the confidentiality of the information you hold for your account,
including your password, and for any and all activity that occurs under
your account as a result of your failing to keep this information secure and
confidential. You agree to notify the Site and Comtech immediately of
any unauthorized use of your account or password, or any other breach of
security. You may be held liable for losses incurred by Comtech or any other
user of or visitor to the Site due to someone else using your User ID,
password or account as a result of your failing to keep your account information
secure and confidential. You shall not use anyone else’s User ID, password or
account at any time; Comtech cannot and will not be liable for any loss or
damage arising from your failure to comply with these obligations.
3.3. Comtech at its sole discretion reserves
the right to accept or reject any request by the Registered User for listing,
displaying or offering any Products and Services provided through the
Website without assigning any reason thereof. Any contract to provide any
service by Comtech is not complete until the entire consideration towards
the service is received by Comtech.
3.4. This Agreement shall be effective and
binding upon your ‘Acceptance’. ‘Acceptance’ shall mean your affirmative action
in clicking on ‘I have read and understood the Terms and Conditions and I
accept them’ box and on the ‘Submit’ button as provided on the registration
page. It is to be clarified that clicking on the ‘Submit’ box on the
Website by the Registered User constitutes an acknowledgement to accept the
Terms and Conditions by the Registered Use of this Agreement. In case the
Registered User does not accept any part of such Terms and Conditions or is not
willing to be bound by such Terms and Conditions of this Agreement, the
Registered User must stop using Site and shall delete all the contents and
data which might have been stored by such access.
3.5. Use of the Site is available only to a
person(s) who can enter in to a legally binding contract(s). Those persons who
do not have a capacity to contract (wherein a person who are "incompetent
to contract" includes minors, un-discharged insolvents etc) are not
eligible to use the site. If you are a minor i.e. under the age of 18 years,
you shall not register as a registered user of the Website and shall not sell,
purchase or bid for any item(s) on the site. Comtech reserves the right to
terminate your membership of registered user and refuse to provide you
with access to the site if it is brought to its notice or if it is discovered
that you are under the age of 18 years.
4.
Intellectual Property Rights
This Website contains material which is
owned by or licensed to the Comtech. These materials include without limitation
content of the Website, software, video, audio, text, images, design, layout,
look, appearance and graphics. No material from this Website may be copied,
modified, reproduced, republished, uploaded, transmitted, posted or distributed
in any form without prior written permission from Comtech.
Further the Brand names, logos, and
other trademarks, service marks, Labels, Product names and Service names
(conclusively call “Marks”) are owned by or licensed to the Website/Comtech.
You agree not to copy, display or otherwise use any of the Marks without the
prior written permission of Website/Comtech. Notwithstanding the foregoing, the
Marks may not be used in any manner likely to cause confusion, disparage or
dilute these marks and/or in connection with any product or service that is not
authorized or sponsored by Website/Comtech.
All rights not expressly granted herein
are reserved. Unauthorized use of the materials of this Website may violate
copyright, trademark and other applicable laws, and could result in criminal or
civil penalties.
5. Prohibitions
5.1. You shall not use any “deep-link”,
“page-scrape”, “robot”, “spider” or other automatic device, program, algorithm
or methodology, or any similar or equivalent manual process, to access,
acquire, copy or monitor any portion of the Site or any Content, or in any way
reproduce or circumvent the navigational structure or presentation of the
Site or any Content, to obtain or attempt to obtain any materials, documents or
information through any means not purposely made available through the
Site. Comtech reserves the right to bar any such activity.
5.2. You shall not attempt to gain
unauthorized access to any portion or feature of the Site, or any other systems
or networks connected to the Site or to any Comtech server, or to any of
the services offered on or through the Site, by hacking, password “mining” or
any other illegitimate means.
5.3. You shall not probe, scan or test the
vulnerability of the Site or any network connected to the Site, nor breach the
security or authentication measures on the Site or any network connected to the
Site. You may not reverse look-up, trace or seek to trace any information on
any other user of or visitor to the Site, or any other customer of Comtech
and its Site, including any Comtech account not owned by you, to its source, or
exploit the Site or any service or information made available or offered by
or through the Site, in any way where the purpose is to reveal any information,
including but not limited to personal identification or information, other than
your own information, as provided for by the Site.
5.4. You agree that you shall not take any
action that imposes an unreasonable or disproportionately large load on the
infrastructure of the Site or Comtech’s systems or networks, or any systems or
networks connected to the Site or to Comtech.
5.5. You agree not to use any device,
software or routine to interfere or attempt to interfere with the proper
working of the Site or any transaction being conducted on the Site, or
with any other person’s use of the Site.
5.6. You shall not forge headers or
otherwise manipulate identifiers in order to disguise the origin of any message
or transmittal you send to Comtech on or through the Site or any service
offered on or through the Site. You shall not pretend that you are, or that you
represent, someone else, or impersonate any other individual or entity.
5.7. You shall not use the Site or any
Content for any purpose that is unlawful or prohibited by these Terms of Use,
or to solicit the performance of any illegal activity or other activity
which infringes the rights of Comtech or others.
5.8. The Registered User agree and undertake
not to trade, resell or exploit for any commercial or noncommercial purposes, any part of the Service.
5.9. The Registered User warrant and
undertake that they shall not use the Website for any purpose that is unlawful
or illegal under any law for the time being in force within or outside
India or prohibited by this Agreement and/or terms of services including both
specified and implied. Further, the site shall not be used in any
manner that could damage, disable, overburden or impair the Website or
interfere with any other party’s use and/or enjoyment of the Website or cause
any damage or hamper the business of Comtech. An attempt to obtain or further
obtaining any material or information through any means that is intentionally
not made available or provided for through the Website, is strictly prohibited.
6. Privacy Policy
Comtech’s Privacy Policy applies to use
of this Site, and its terms are made a part of these Terms of User agreement by
this reference. To view Comtech’s Privacy Policy
click here. Additionally, by using the Site, you acknowledge and
agree that Internet transmissions are never completely private or secure. You
understand that any message or information you send to the Site may be read or
intercepted by others, even if there is a special notice that a particular
transmission (for example, credit card information) is encrypted.
7. Ownership
You do not claim intellectual property right
or exclusive ownership to any of our products and or services, modified or
unmodified. All products and services are property of independent content
providers. Our products and services are provided "as is" without
warranty of any kind, either expressed or implied. In no event shall our
company or its agents be liable for any damages including, but not limited to,
direct, indirect, special, punitive, incidental or consequential, or other
losses arising out of the use of or inability to use our products and services.
8. Payment Terms
Payments for all products and services
on the Website can be made through Payment Gateway by using credit/debit cards.
In the event the payment has been processed, the same shall be credited to your
empty trading account. In a credit card transaction, you must use your own
credit card. We will not be liable for any credit card fraud. The liability to
use a card fraudulently will be on the user and the onus to 'prove otherwise'
shall be exclusively on the user.
The amount recharged in the account
will be valid for 6 months from the date of the recharge, after which the
Remaining / Unused amount would lapse and the account balance would be reduced
to 0.
9. Our Refund Policy
We aim to display clear pricing
information for all of our services. All prices are quoted in United States
dollars. Since emptytrading.com is offering non-tangible irrevocable goods we
do not issue refunds once the order is accomplished and the services are
availed. As a customer you are responsible for understanding this upon
purchasing any item at our site. Please note that our complementary requests
and samples are offered for evaluation purposes and are not an issue for a
refund or chargeback.
However, we realize that exceptional
circumstance can take place with regard to the character of the product and
services we supply.
Therefore, we DO honor requests for the
refund on the following reasons:
·
Major defects:
although all the services are thoroughly tested before release, unexpected
errors may occur. Such issues must be submitted for our Technical Support
Team's approval. We keep the right to rectify the error or defect within 72
hours. If any deficiency is approved and we fail to correct it within 72 hours
from the date of the initial complaint letter or any other notification
provided by a Customer, the refund will be issued to the customer in full
without any compensations or reimbursements. OR, at customer's choice,
replacement of the service of the same or around the same value can be offered.
·
Services
not-as-described: such issues should be reported to our Technical Support
Department within 7 days from the date of the purchase. Clear evidence must be
provided proving that the purchased Service is not as it is described on the
website. Complaints which are based merely on the customer's false expectations
or wishes are not honored.
Our Technical Support Team is always
eager to assist you and deliver highly professional support in a timely manner.
Thank you for purchasing our products.
Contact Us
Email: customerservice@emptytrading.com
Please give it 12-24 hours for our
Support Team to get back to you on the problem.
Requests for a refund are accepted at customerservice@emptytrading.com within the
period of 1 week after the order is placed. You should accompany this request
with detailed and grounded reasons why you apply for a refund. Please make sure
your request does not contradict our Terms and Conditions.
10. Breach
10.1. Website/Comtech may disclose any
information we have about you (including your identity) if we determine that
such disclosure is necessary in connection with any investigation or
complaint regarding your use of the Site, or to identify, contact or bring
legal action against someone who may be causing injury to or interference
with (either intentionally or unintentionally) Comtech’s rights or
property, or the rights or property of visitors to or users of the Site,
including Comtech’s customers. Comtech/Website reserves the right at all
times to disclose any information that Comtech deems necessary to comply with
any applicable law, regulation, legal process or governmental request. Comtech
also may disclose your information when Comtech determines that applicable law
requires or permits such disclosure, including exchanging information with
other companies and organizations for fraud protection purposes.
10.2. You acknowledge and agree that Comtech
may preserve any transmittal or communication by you with Comtech through the
Site or any service offered on or through the Site, and may also disclose such
data if required to do so by law or Comtech determines that such preservation
or disclosure is reasonably necessary to (1) comply with legal process,
(2) enforce these Terms of Use, (3) respond to claims that any such data
violates the rights of others, or (4) protect the rights, property or personal safety
of Comtech, its directors, employees, users of or visitors to the Site, and the
public.
10.3. You agree that Comtech may, in its sole
discretion and without prior notice, terminate your access to the Site and/or
block your future access to the Site if we determine that you have
violated these Terms of Use or other agreements or guidelines which may be
associated with your use of the Site. You also agree that any violation by you
of these Terms of Use will constitute an unlawful and unfair business practice,
and will cause irreparable harm to Comtech, for which monetary damages would be
inadequate, and you consent to Comtech obtaining any injunctive or equitable
relief that Comtech deems necessary or appropriate in such circumstances.
These remedies are in addition to any other remedies Comtech may have at law or
in equity.
10.4. You agree that Comtech may, in its sole
discretion and without prior notice, terminate your access to the Site, for
cause, which includes (but is not limited to) (1) requests by law
enforcement or other government agencies, (2) a request by you (self-initiated
account deletions), (3) discontinuance or material modification of the Site or
any service offered on or through the Site, or (4) unexpected technical issues
or problems.
10.5. If Comtech does take any legal action
against you as a result of your violation of these Terms of Use, Cromtech shall
be entitled to recover from you, and you agree to pay, all reasonable
attorneys’ fees and costs of such action, in addition to any other relief
granted to Comtech. You agree that Comtech will not be liable to you or to any
third party for termination of your access to the Site as a result of any
violation of these Terms of Use.
10.6. Without prejudice to the other remedies
available to Comtech under this Agreement or under the applicable laws, Comtech
may limit the Registered User’s activity, immediately remove the
Registered User’s information or bids, or end the Registered User’s listing,
warn other users of the Registered User’s actions,
immediately temporarily/indefinitely suspend or terminate or block the
Registered User’s membership, and/or refuse to provide the Registered User’s
with access to the Website in the event, but not limited to:
·
If the
Registered User breach the User Agreement or Privacy Policy or Payment Gateway
User Agreement or Payment Gateway Terms and Conditions or the documents,
agreements rules, policies, terms and conditions these incorporated herein by
reference;
·
If Comtech is
unable to verify or authenticate any information provided by the Registered
User; or
·
If it is
believed that the Registered User’s actions may infringe upon any third parties
rights or breach any applicable law or otherwise result in any legal liability
for his/her own self, other Registered Users and/or Comtech.
10.7. Comtech may at any time at its sole
discretion reinstate the suspended Registered Users. A Registered User that has
been suspended or blocked may not register or attempt to register with
Comtech or use the Website in any manner whatsoever until such time that such
suspended Registered User is reinstated by Comtech. Notwithstanding the
foregoing, if the Registered User breach the User Agreement or the documents it
incorporates by reference, Comtech reserves the right to recover any losses,
damages, claims suffered or incurred by Comtech and any amounts due and owing by
such suspended Registered User to Comtech and to take strict legal action
including but not limited to a referral to the appropriate police or other
authorities for initiating criminal or other proceedings against the
suspended Registered User.
11. Limitation of Liability
11.1. You agree that none of
‘www.emptytrading.com'/Comtech its directors employees, agents, directors and
affiliates shall in any event be liable for any direct, indirect, incidental,
special, consequential or exemplary damages arising out of, resulting
from, or related to:
·
Any use or any
inability to use the services or products on the Website;
·
cost of
procurement of goods and services resulting from any goods, data, information
or services purchased or obtained or message received or transactions entered
into through or from the services of the Website;
·
Unauthorized
access to or alteration of your transmission or data;
·
Participant -
to - participant disputes, or
·
Other matter
relating to services and the products.
11.2. You agree that none of 'www.emptytrading.com',
employees, agents, directors and affiliates shall in any event be liable to you
or any one, for the statements or conduct of any third party on the
services, including specifically any feedback placed on the Website.
11.3. You agree that none of
'www.emptytrading.com', employees, agents, directors and affiliates shall be
held liable for temporary unavailability of the Website, the failure of
individual or all Website functions, or incorrect functioning of the Website.
At no point in time, will the Website be held liable for any technical problems
which cause offers or bids to be accepted or processes late or
incorrectly, or not at all. Comtech does not guarantee that the system time
clock will match an official set time.
11.4. You agree that none of
‘www.emptytrading.com' employees, agents, directors and affiliates shall be
held liable for accuracy/inaccuracy of any price information displayed on the
Website.
11.5. We makes no warranty express or implied
that: (a) the Website will meet your requirements; (b) the Website will be
available on an uninterrupted, timely, secure, or error-free basis; (c) the
results that may be obtained from the use of the Website or any services
offered through the Website will be accurate or reliable.
12. Indemnity
The Registered User agree to indemnify,
defend and hold harmless the Website, Comtech along with its subsidiaries,
affiliates, third-parties and their respective officers, directors, agents, and
employees, from and against all and any losses, liabilities, claim or demand,
damages, costs and expenses or actions including reasonable attorneys' fees,
made by any third party or penalty imposed due to or arising out of your breach
of the User Agreement, Comtech Rules and Policies, Payment Gateway User
Agreement, Payment Gateway Terms and Conditions and Payment Gateway Rules and
Policies or the documents that are incorporated by reference, or your violation
of any law, rules or regulations or the rights of a third party.
13. Severability
All clauses of these Terms and Conditions
are separate from each other. If any term of these Terms and conditions is at
any time held by any jurisdiction to be void, invalid or unenforceable, then
that invalid clause shall be treated as changed or reduced, only to the extent
minimally necessary to bring it within the laws of that jurisdiction and to
prevent it from being void and it shall be binding in that changed and reduced
form.
14. Arbitration
If any dispute arises between the
Registered User and Comtech during the use of the Website or Payment Gateway or
thereafter, in connection with the validity, interpretation, implementation or
alleged breach of any provision of this Agreement, Payment Gateway User
Agreement and Payment Gateway Terms and Conditions or any other documents that
are incorporated by reference, the dispute shall be referred to a sole
Arbitrator who shall be an independent and neutral third party appointed by
Comtech. The place of arbitration shall be New Delhi. The Arbitration &
Conciliation Act, 1996, shall govern the arbitration proceedings. The
arbitration proceedings shall be in the English language.
15. Governing Law
This User Agreement, Payment Gateway
User Agreement and Payment Gateway Terms and Conditions or the other documents
that are incorporated by reference shall be governed and construed in
accordance with the laws of India.
____